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TERMS OF USE AGREEMENT

Welcome to GreaterPlaces.com. This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between Nisenson Consulting LLC, (“Greater Places,” “GreaterPlaces.com,” “we,” “us,” “our”) and you with respect to your use of GreaterPlaces.com (including related applications).  It is important that you read and understand the terms and conditions of this Agreement. By using GreaterPlaces.com, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use GreaterPlaces.com or any of the Information or Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

We reserve the right at any time, with or without cause, to:

  • change the terms and conditions of this Agreement;
  • change the Website and related applications, including eliminating or discontinuing any Information or Services or other feature of the Website; or
  • deny or terminate your use of and/or access to the Website.

Any changes we make will be effective immediately upon our making such changes available on Greaterplaces.com or otherwise providing notice thereof. You agree that your continued use of GreaterPlaces.com after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed at privacy policy link) and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Definitions

Services – Registration, marketplace for products and services, messages, contests, discussions, events, blogging.

Content – Data, text, graphics, designs, logos, icons, images, audio/visual materials, links, reviews, suggestions, feedback, references.

Post, Posted, Posting – providing, submitting or otherwise sharing Content using GreaterPlaces.com, the Services or other service such that the Content is displayed on or shared with GreaterPlaces.com.

Website –the URL GreaterPlaces.com and all affiliated URLs.

Permitted Use of Services and Information

The Services & Information made available by GreaterPlaces are provided for personal use only and are not for commercial activities or resale, except as permitted. Without the written consent of GreaterPlaces.com, no information may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as permitted.

GreaterPlaces.com permits you to reproduce a reasonable amount of website content for personal use provided you provide attribution, including any digital watermarks.

Registration

Access to full services offered by GreaterPlaces.com requires registration, including certain information about you.  If and when you register with or provide information to GreaterPlaces.com, you agree to (a) provide accurate, current and complete information about yourself and (b) maintain and update your information (including your email address) to keep it accurate, current and complete.

We are not responsible for assessing the veracity of profile content such as qualifications, and reserve the right to terminate an account in the event of complaints from other users. We reserve the right to decline to provide Services to any person for any or no reason.

Posting of Content

GreaterPlaces.com is an interactive website. Your participation is voluntary; however, by choosing to engage, you acknowledge and agree that any Content you post may be viewed by the general public and will not be treated as private, proprietary or confidential.  You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, distribute, publicly display or otherwise use any or all posted Content. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted by you.

By posting any Content to GreaterPlaces.com, you certify that you own or have the right to use and permit us to use and license such Content. This includes, but is no limited to, permission from identifiable persons in photographs or objects protected by copyright.

Ownership of Content

You retain your rights, and are responsible for, any Content you post on GreaterPlaces.com. By posting Content on or through the Services, you grant GreaterPlaces.com a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).  This Agreement allows GreaterPlaces.com to provide and improve services to users.

You agree that this license includes the right for GreaterPlaces.com to make Content posted to or through the Services available to other companies, organizations or individuals who partner with GreaterPlaces.com for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by GreaterPlaces.com and its affiliates, may be made with no compensation paid to you with respect to the Content that you submit, post, or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

Security

GreaterPlaces.com cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

Product & Service Reviews

GreaterPlaces.com may enable you to post ratings or reviews of vendors, service providers and/or their products or services on the Website (your “Reviews”). Reviews are considered Content. You may not post any reviews about a vendor, service provider or any of their products or services if you are (a) an employee, contractor, officer or director of the vendor and/or service provider; (b) an employee, contractor, officer or director of a competitor of the vendor and/or service provider; or (c) related to the vendor and/or service provider in any way, including blood, adoption or by marriage. By posting a Review, you acknowledge and agree that such Content is:

  1. Based upon your first-hand experience with the vendor, service provider or product or service that is the subject of the Review;
  2.  Accurate, truthful and complete.

You agree not to post any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person.

You further agree that we may use the posted Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We cannot and do not guarantee that we will display all Content posted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Website.

Third-Party Links

The Website may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, such websites. As such, we disclaim all liability for such use. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website.

Third-Party Products and Services

You may be provided the opportunity to purchase products and professional services offered and sold by third parties (“Products”) through the Services. The information provided for any Product listing is provided by GreaterPlaces.com’s third-party vendors.  While GreaterPlaces.com requires vendors to adhere to policies regarding claims and accuracy, we do not guarantee that Product descriptions are accurate, complete, reliable, current, and we are not responsible for, and disclaim any liability arising from, Product listing information. All purchases of Products made by you through the Services are a direct sale and purchase between you and the applicable vendor. GreaterPlaces.com is not a party to such transaction, and only facilitates the transaction between you and the vendor by providing an online marketplace for the marketing, offering and sale of Products. Payments for Products transacted through the Service will be remitted to the vendor, and the vendor will be solely responsible for fulfilling and shipping your order, and providing customer and sales support. GreaterPlaces.com does not provide any warranty on any of the Products, whether express or implied, and does not assume, and hereby disclaims, any responsibility or liability for the actions or inactions of the third-party vendors.

Descriptions or images of, or references to, third-party Products or publications on the Website do not imply our endorsement. Reviews are solely the opinions submitted by users.

Civility

In electing to register with and use the Services of GreaterPlaces.com, you agree to engage in civil discourse with other members of the GreaterPlaces.com community.  In meeting the mission of creating greater places, we realize disagreement and differences of opinion are part of the process.  GreaterPlaces.com has established the following policies under theses Terms of Use for discourse hosted by GreaterPlaces.com and related applications:

  1. Your user name will appear as the submitter in all profiles,  posts, comments, discussions and other activity
  2. Comment, discussions and other open activity will include flags to allow the user community to mark content as inappropriate.  GreaterPlaces.com reserves the right to terminate the account of users who post inappropriate content, comments and discussions, including ad homiem statements and impersonation of someone other than you.
  3. GreaterPlaces.com reserves the right to establish separate policies for certain topics and “watchwords.”
  4. Overt and non-germaine promotion of goods and services within discussions, comments and online discourse on GreaterPlaces.com is not considered part of civil discourse.

GreaterPlaces.com reserves the right to enforce these policies and immediately terminate the account of users who violate these policies without advance notice and in our sole discretion.

Acceptable Use Policy

You agree not to use the Information, Services or the Website to take any action or actions that:

  1. are contrary to GreaterPlaces.com’s public image, goodwill or reputation;
  2. infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  3. express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
  4. violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
  5. are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
  6. transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
  7. restrict or block others from using the Website and is features, including, without limitation, by means of “hacking” or defacing any portion of the Website;
  8. modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
  9. remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
  10. sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
  11. “frame” or “mirror” any part of the Website without our prior written authorization;
  12. distribute any virus, worm or other similar or deleterious files, scripts or programming routine;
  13. interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of GreaterPlaces.com or its licensors or suppliers;
  14. involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
  15. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
  16. forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
  17. execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you; and/or
  18. collect information about any Website visitors or members without their express consent.

Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.

Ownership

The Website is owned and operated by Nisenson Consulting LLC (including reference to GreaterPlaces.com and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Nisenson Consulting LLC and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written permission. The Information, Website, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by GreaterPlaces.com or, if so indicated in writing by GreaterPlaces.com, its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information.

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of GreaterPlaces.com. Nothing contained in this Agreement or the Website should be construed as granting license or right to use any Trademark(s) without the express written permission of GreaterPlaces.com.

No Use by Children Under 13

You hereby affirm that you are over the age of 12, as this Website is not intended for children under 13. If you are under 13 years of age, then you may not use the Website. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Claims of Copyright or Trademark Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. GreaterPlaces.com also reviews claims of trademark infringement. If you believe in good faith that materials hosted by GreaterPlaces.com infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed or blocked. The notice must include the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the Website are covered by a single notification, a representative list of such works);

(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow GreaterPlaces.com to locate the material on the Website;

(d) the name, address, telephone number, and email address (if available) of the complaining party;

(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be advised that GreaterPlaces.com will not respond to complaints that do not meet these requirements. If GreaterPlaces.com determines that the materials alleged to infringe your copyright or trademark rights do not require removal, GreaterPlaces.com will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information:

(a) your name, address, and telephone number;

(b) the source of the content that was removed;

(c) a statement under penalty of perjury that you have a good faith belief that the content was removed in error;

(d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which GreaterPlaces.com may be found, and that you will accept service of process from the person who provided the original complaint; and

(e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Website must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Agent to Receive Notices of Claimed Infringement
copyright@GreaterPlaces.com
Lisa Nisenson, lisa@greaterplaces.com.

Term & Termination

This Agreement is effective from the date that you first access the Website or submit any information to GreaterPlaces.com, whichever is earlier, and shall remain effective until terminated in accordance with its terms. GreaterPlaces.com may immediately terminate this Agreement, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease. All disclaimers and all limitations of liability and all GreaterPlaces.com rights of ownership shall survive any termination.

We reserve the right at any time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate GreaterPlaces.com to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.

Disclaimers

The website, including but not limited to the information and services, are provided “as is” and “with all faults” and without warranties of any kind, either express or implied, and all warranties, express or implied, including, without limitation, accuracy, completeness, performance, fitness for a particular purpose.

There is no warranty, representation or guarantee that the website, or your use of the website, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the website, or any information, software or other material accessible from the website, is free of viruses or other harmful components. We do not warrant, guarantee, or make any representation regarding the use of, or the results of the use of the website either in terms of its compatibility with hardware or other software or equipment, and you assume all responsibility and risk for your use of the website and/or services and information and your reliance thereon.

Greaterplaces.com makes no warranty, representation or guarantee with respect to products and services offered by third-party sellers on the website, and greaterplaces.com specifically disclaims any warranty, representation or guarantee with respect to the quality, safety, legality or other characteristics of such products and services, or with respect to the conduct of any third-party seller in connection with such offers or sales.

Limitation of Liability

To the extent permitted by applicable law(s), neither Greaterplaces.com nor any of its licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants, or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including without limitation any loss of profits, lost savings, or loss of data) or liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to the website, information, services and/or any linked website, whether or not we have been informed of the possibility of such damages or liabilities.

In no event shall the aggregate liability of GreaterPlaces.com or is affiliates exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount paid to GreaterPlaces.com, if any, in the past six months for the services giving rise to the claim.

Your sole remedy with respect to the Website, the information, services, or any linked website is to stop using the website, service, or linked website, as applicable. neither greaterplaces.com nor any of its licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants, or other representatives will have any liability to you for any damages, expenses or other liability incurred by you as a result of (1) any inaccuracy, incompleteness or misrepresentation of any information, content, postings or submissions provided or posted on the website by third parties or (2) your hiring or engagement of, or association with, any third party advertising or offering products or services through the website.

Indemnification

You agree to fully indemnify, defend, and hold GreaterPlaces.com, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Website or other websites to which the Website is linked; and/or (d) your negligence or willful misconduct.

Jurisdictional Issues

GreaterPlaces.com makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.

Dispute Resolution/Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with the framework in the Commonwealth of Virgina for addressing such claims. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Arlington, Virginia and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in the Commonwealth of Virginia. For the sake of clarity, nothing in this paragraph shall affect GreaterPlaces.com’s ability to seek from a court injunctive or equitable relief at any time.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and GreaterPlaces.com and its affiliates relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by GreaterPlaces.com as provided herein or otherwise by written instrument signed by GreaterPlaces.com. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with GreaterPlaces.com’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. GreaterPlaces.com may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

This Website is Operated By Nisenson Consulting LLC

Effective: February 14, 2014